Chandan Kumar @ Shashi Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48127 of 2021 Arising Out of PS. Case No.-67 Year-2021 Thana- MANPUR District- Nalanda ====================================================== 1.

CHANDAN KUMAR @ SHASHI KUMAR S/O RAJESH KUMAR R/o village- Sarbahdi, P.S.- Manpur, District- Nalanda 2.

SANNI KUMAR S/O RAJESH KUMAR R/o village- Sarbahdi, P.S.- Manpur, District- Nalanda ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Raj Kishor Prasad, Advocate Mr. Radhe Shyam, Advocate For the Opposite Party/s :

Mr.Ram Priya Sharan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 31-03-2022 Heard the learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners seek regular bail in connection with Manpur P.S. Case No. 508 of 2021 for the offence registered under Sections 419, 420, 467, 468, 471 and 120B of the Indian Penal Code.

The allegation is regarding the police having received secret information that the accused persons including the petitioners herein were engaging in cheating innocent people by virtual mode and by using google meet app whereafter, raid was conducted at the house of the petitioners and from there one motorcycle, one vehicle, several Paytm cards, ATM cards, debit cards etc. were recovered.

Patna High Court CR. MISC. No.48127 of 2021(3) dt.31-03-2022 2/3 The learned counsel for the petitioners has submitted that the petitioners are innocent, have been falsely implicated in the present case and they are languishing in custody since 15.05.2021. The learned counsel for the petitioners has submitted that not even a single person has come forward to depose before the police that they had been cheated by the petitioners, hence the petitioners are not having any complicity in the matter.

Per contra, the learned APP for the State has vehemently opposed the prayer for bail but upon perusal of the case diary, has not been able to point out any statement of the actual victim who has actually been cheated by the petitioners and upon query being put, it has been stated that all the witnesses are police personnel.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioners and taking into account the materials available on record as also considering the materials available in the case diary, this Court finds that there is minuscule evidence qua the petitioners herein apart from the fact that no incident of actual cheating has come to the fore in the case dairy, hence, I deem it fit and proper to direct for release of the

Patna High Court CR. MISC. No.48127 of 2021(3) dt.31-03-2022 3/3 petitioners herein on regular bail.

Accordingly, the petitioners, above named, are directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-Vth, Nalanda at Bihar Sharif in connection with Manpur P.S. Case No. 67 of 2021.

(Mohit Kumar Shah, J) S.Sb/- U T